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90_HB0909eng
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Amends the Comptroller Merit Employment Code. Changes
references to the Department of Personnel-Comptroller to the
Department of Human Resources of the Office of the
Comptroller. Changes references to Director of the
Department of Personnel-Comptroller to Director of the
Department of Human Resources of the Office of the
Comptroller. Deletes references to the Merit Advisory Board.
Amends the Comptroller's Records Act. Provides that warrants
and vouchers shall be retained by the Comptroller for at
least 3 years (now at least 5 years). Provides that the
Comptroller may have any records kept by him or her
reproduced in any electronic media prior to destruction.
Provides that the electronic media retention shall meet
certain standards. Provides that the records kept in the
electronic media shall be deemed original warrants and
records. Effective immediately.
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1 AN ACT in relation to finances, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Comptroller Merit Employment Code is
5 amended by changing Sections 3, 4, 6, 6a, 8c, 9, 9a, 10, 10a,
6 10b.1, 10b.6, 10b.9, 10b.12, 10b.15, 10b.16, 10b.17, 10d, 12,
7 and 14 as follows:
8 (15 ILCS 410/3) (from Ch. 15, par. 403)
9 Sec. 3. Definitions. For the purpose of this Act, unless
10 the context indicates otherwise, the following words shall
11 have the meanings ascribed to them as follows:
12 "Commission". The Merit Commission created by this Act.
13 "Department". Department of Human Resources of the Office
14 of the Comptroller Personnel-Comptroller.
15 "Director". Director of the Department of Human Resources
16 of the Office of the Comptroller Personnel-Comptroller.
17 "Organizational entity". An entity directly subordinate
18 to the Comptroller or a Deputy Comptroller.
19 "Board". The Merit Advisory Board created by this Act.
20 (Source: P.A. 80-1397.)
21 (15 ILCS 410/4) (from Ch. 15, par. 404)
22 Sec. 4. Organization. There is created in the Office of
23 the Comptroller:
24 (a) a Department of Human Resources Personnel, headed by
25 a Director, which shall be a department of the Office of the
26 Comptroller with primary responsibility for personnel
27 transactions; and
28 (b) a Merit Commission. ; and
29 (c) a Merit Advisory Board.
30 (Source: P.A. 80-1397.)
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1 (15 ILCS 410/6) (from Ch. 15, par. 409)
2 Sec. 6. Director - appointment - qualifications. The
3 Department of Human Resources Personnel shall have an officer
4 at its head who shall be known as the Director of Personnel.
5 He or she shall be appointed by the Comptroller, by and with
6 the advice and consent of the Senate. The Director of
7 Personnel shall be a person who shall have had practical
8 working experience in the field of personnel administration.
9 The director shall be selected for appointment from among
10 those persons who for the two years next preceding the
11 appointment have not been members of any local, state or
12 national committee of a political party; or officers or
13 members of any standing committee of a political party; or
14 officers or members of standing committees of any partisan
15 political group or organization. Nor shall the appointee
16 during his or her tenure as Director of Personnel become a
17 member of any local, state or national committee of a
18 political party or an officer or member of standing
19 committees or any partisan political group or organization.
20 (Source: P.A. 87-832.)
21 (15 ILCS 410/6a) (from Ch. 15, par. 410)
22 Sec. 6a. Director - powers and duties. The Director
23 shall have the following duties and responsibilities:
24 (1) To apply and carry out this law and the rules
25 adopted hereunder.
26 (2) To attend meetings of the Commission, and when
27 requested, to attend meetings of the Merit Advisory Board.
28 (3) To establish and maintain a roster of all employees
29 subject to this Act, in which there shall be set forth, as to
30 each employee, the class, title, pay status, and other
31 pertinent data.
32 (4) Subject to such exemptions or modifications as may
33 be necessary to assure the continuity of federal
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1 contributions for positions paid from federal funds, to make
2 appointments to vacancies; to approve all written charges
3 seeking discharge, demotion, or other disciplinary measures
4 provided in this Act and to approve transfers of employees
5 from one geographical area to another in the State.
6 (5) To formulate and administer office wide policies and
7 programs for the improvement of employee effectiveness,
8 including training, safety, health, incentive recognition,
9 counseling, welfare and employee relations.
10 (6) To conduct negotiations affecting pay, hours of
11 work, or other working conditions of employees subject to
12 this Act.
13 (7) To investigate from time to time the operation and
14 effect of this law and the rules made thereunder and to
15 report his or her findings and recommendations to the
16 Commission and the Comptroller.
17 (8) To make such reports as he or she may consider
18 desirable, to the Commission and the Comptroller or as the
19 Comptroller or Commission may request.
20 (9) To enter into agreements with professional or
21 educational organizations or the Illinois State Department of
22 Central Management Services for the purpose of obtaining
23 professional or technical assistance in the administration of
24 this Act.
25 (10) To perform any other lawful acts necessary or
26 desirable to carry out the purposes and provisions of this
27 law.
28 (Source: P.A. 82-789.)
29 (15 ILCS 410/8c) (from Ch. 15, par. 419)
30 Sec. 8c. Duties and powers of the Commission. The Merit
31 Commission, in addition to any other duties prescribed in
32 this Act, shall have the following duties and powers:
33 (1) Upon written recommendations by the Director of
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1 Personnel, to exempt from jurisdiction B of this Act
2 positions which, in the judgment of the Commission, are by
3 their nature highly confidential or involve principal
4 administrative responsibility for the determination of policy
5 or principal administrative responsibility for the way in
6 which policies are carried out.
7 (2) To require such special reports from the Director as
8 it may consider desirable.
9 (3) To disapprove original rules or any part thereof and
10 any amendment thereof within 30 calendar days after the
11 submission of such rules to the Merit Commission by the
12 Director.
13 (4) To disapprove within 30 calendar days from date of
14 submission the position classification plan and any revisions
15 thereof submitted by the Director as provided in the rules.
16 (5) To hear appeals of employees who do not accept the
17 allocation of their positions under the classification plan.
18 (6) To hear and approve or disapprove written charges
19 filed seeking the discharge or demotion of employees or
20 suspension totaling more than 30 calendar days in any 12
21 month period, as provided in Section 9, appeals as provided
22 in Section 9a of this Act, and appeals from transfers from
23 one geographical area in the state to another, and in
24 connection therewith to administer oaths, subpoena witnesses
25 and compel the production of books and papers.
26 (7) To make an annual report regarding the work of the
27 Commission to the Comptroller, such report to be a public
28 record.
29 (8) If any violation of this Act is found, the
30 Commission shall direct compliance in writing.
31 (9) To appoint such employees, experts and special
32 assistants as may be necessary to carry out the powers and
33 duties of the commission under this Act. Employees, experts
34 and special assistants so appointed by the Commission shall
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1 be subject to jurisdictions A, B and C of this Act.
2 (10) To make rules to carry out and implement their
3 powers and duties under this Act, with authority to amend
4 such rules from time to time.
5 (Source: P.A. 80-1397.)
6 (15 ILCS 410/9) (from Ch. 15, par. 420)
7 Sec. 9. Hearings - disciplinary action. No certified
8 officer or employee under jurisdiction B, relating to merit
9 and fitness, who has been appointed under the rules and after
10 examination, shall be removed, discharged or demoted, or
11 suspended for a period of more than 30 calendar days, except
12 for cause, upon written charges approved by the Director of
13 Personnel, and after an opportunity to be heard in his own
14 defense if he makes written request to the Commission within
15 15 calendar days after the serving of the written charges
16 upon him. Upon the receipt of such a request for hearing,
17 the Commission shall grant a hearing within 30 calendar days.
18 The time and place of the hearing shall be fixed by the
19 Commission, and due notice thereof shall be given the
20 Director of Personnel and the employee. The hearing shall
21 be public, and the officer or employee is entitled to call
22 witnesses in his own defense and to have the aid of counsel.
23 The finding of the Commission shall be rendered within 60
24 calendar days after the receipt of the transcript of the
25 proceedings. If the finding and decision is not rendered
26 within 60 calendar days after receipt of the transcript of
27 the proceedings, the employee shall be considered to be
28 reinstated and shall receive full compensation for the period
29 for which he was suspended. The finding and decision of the
30 Commission or officer or board appointed by it to conduct
31 such investigation, when approved by the Commission, shall be
32 certified to the Director, and shall be forthwith enforced by
33 the Director. In making its finding and decision, or in
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1 approving the finding and decision of some officer or board
2 appointed by it to conduct such investigation the Merit
3 Commission may, for disciplinary purposes, suspend an
4 employee for a period of time not to exceed 90 calendar days,
5 and in no event to exceed a period of 120 calendar days from
6 the date of any suspension of such employee, pending
7 investigation of such charges. If the Commission certifies a
8 decision that an officer or employee is to be retained in his
9 position and if it does not order a suspension for
10 disciplinary purposes, the officer or employee shall receive
11 full compensation for any period during which he was
12 suspended pending the investigation of the charges.
13 Nothing in this Section shall limit the authority to
14 suspend an employee for a reasonable period not exceeding 30
15 calendar days.
16 (Source: P.A. 80-1397.)
17 (15 ILCS 410/9a) (from Ch. 15, par. 421)
18 Sec. 9a. Hearings - transaction used as subterfuge for
19 discharge. A certified employee who believes that he or she
20 has been separated from employment in the Office of the
21 Comptroller by a personnel transaction used as a subterfuge
22 for discharge may, within 15 calendar days after the final
23 decision of the Director of Personnel on the transaction,
24 appeal in writing to the Commission. The appeal must allege
25 specific facts which, if proven, would establish a prima
26 facie case that the employee was in effect discharged
27 contrary to and in violation of the requirements of Section 9
28 of this Act. Any appeal which fails to allege sufficient and
29 specific facts to support the allegation may be summarily
30 dismissed by the Commission. The Commission in due exercise
31 of its discretion may make its decision on the appeal after
32 an investigation of the allegations or it may order a hearing
33 held on any disputed issues of fact or law. In any hearing
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1 called under the provisions of this section to resolve a
2 dispute of fact, the employee has the burden of establishing
3 by the introduction of competent evidence a prima facie case
4 proving that the employee was pretextually discharged.
5 Nothing in this section shall be construed to preclude
6 employees from timely asserting other rights given to them
7 under this Act.
8 (Source: P.A. 80-1397.)
9 (15 ILCS 410/10) (from Ch. 15, par. 423)
10 Sec. 10. Rules. The Director of Personnel shall prepare
11 and submit to the Merit Commission proposed rules for all
12 positions and employees subject to this Act. Such rules or
13 any part thereof shall have the force and effect of law.
14 Copies of all such rules, and of all changes therein, duly
15 certified by the Director of Personnel, shall be filed in the
16 Office of the Secretary of State. Except as otherwise
17 provided in this Section, rules shall be adopted as provided
18 in the Illinois Administrative Procedure Act. After a
19 hearing thereon, proposed new rules or amendments may be
20 revised by the Director of Personnel without further hearing
21 to incorporate changes suggested at such public hearing, and
22 the Director of Personnel may submit same to the Merit
23 Commission with or without revision. If proposed new rules
24 or amendments so submitted are not disapproved by the
25 Commission within 30 calendar days after the Commission's
26 receipt thereof, they may be filed by the Director of
27 Personnel in the Office of the Secretary of State, and shall
28 thereafter have the force and effect of law, subject to the
29 provisions of the Illinois Administrative Procedure Act.
30 The rules and amendments thereto shall include provisions
31 as specified in Sections 10a through 10e.
32 (Source: P.A. 87-895.)
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1 (15 ILCS 410/10a) (from Ch. 15, par. 424)
2 Sec. 10a. Jurisdiction A - classification and pay. For
3 positions in the Office of the Comptroller with respect to
4 the classification and pay:
5 (1) For the preparation, maintenance and revision by the
6 Director, subject to approval by the Commission, of a
7 position classification plan for all positions subject to
8 this Act, based upon similarity of duties performed,
9 responsibilities assigned, and conditions of employment so
10 that the same schedule of pay may be equitably applied to all
11 positions in the same class. Unless the Commission
12 disapproves such classification plan or any revision thereof
13 within 30 calendar days, the Director shall allocate every
14 such position to one of the classes in the plan. Any
15 employee affected by the allocation of a position to a class
16 shall after filing with the Director of Personnel within 30
17 calendar days of the allocation a request for reconsideration
18 thereof in such manner and form as the Director may
19 prescribe, be given a reasonable opportunity to be heard by
20 the Director. If the employee does not accept the decision
21 of the Director he may, within 15 calendar days after receipt
22 of the reconsidered decision, appeal to the Merit Commission.
23 (2) For a pay plan to be prepared by the Director for
24 all employees subject to this Act. Such pay plan may include
25 provisions for uniformity of starting pay, an increment plan,
26 area differentials, a delay not to exceed one year in the
27 reduction of the pay of employees whose positions are reduced
28 in rank or grade by reallocation because of a loss of duties
29 or responsibilities after their appointments to such
30 positions, prevailing rates of wages in those classifications
31 in which employers are now paying or may hereafter pay such
32 rates of wage and other provisions. Such pay plan shall
33 become effective only after it has been approved by the
34 Comptroller. Amendments to the pay plan will be made in the
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1 same manner. Such pay plan shall provide that each employee
2 shall be paid at one of the rates set forth in the pay plan
3 for the class of position in which he is employed. Such pay
4 plan shall provide for a fair and reasonable compensation for
5 services rendered.
6 (Source: P.A. 80-1397.)
7 (15 ILCS 410/10b.1) (from Ch. 15, par. 426)
8 Sec. 10b.1. Competitive examinations. For open
9 competitive examinations to test the relative fitness of
10 applicants for the respective positions. Tests shall be
11 designed to eliminate those who are not qualified for
12 entrance into the Office of the Comptroller and to discover
13 the relative fitness of those who are qualified. The
14 Director may use any one of or any combination of the
15 following examination methods which in his judgment best
16 serves this end: investigation of education and experience;
17 test of cultural knowledge; test of capacity; test of
18 knowledge; test of manual skill; test of linguistic ability;
19 test of character; test of physical skill; test of
20 psychological fitness. No person with a record of
21 misdemeanor convictions except those under Sections 11-6,
22 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
23 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
24 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
25 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
26 of 1961, or arrested for any cause but not convicted thereon
27 shall be disqualified from taking such examinations or
28 subsequent appointment unless the person is attempting to
29 qualify for a position which entails financial
30 responsibilities, in which case the person's conviction or
31 arrest record may be considered as a factor in determining
32 the person's fitness for the position. All examinations
33 shall be announced publicly at least 2 weeks in advance of
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1 the date of examinations and may be advertised through the
2 press, radio or other media.
3 The Director may, at his or her discretion, accept the
4 results of competitive examinations conducted by any merit
5 system established by Federal law or by the law of any State,
6 and may compile eligible lists therefrom or may add the names
7 of successful candidates in examinations conducted by those
8 merit systems to existing eligible lists in accordance with
9 their respective ratings. No person who is a non-resident of
10 the State of Illinois may be appointed from those eligible
11 lists, however, unless the requirement that applicants be
12 residents of the State of Illinois is waived by the Director
13 of Human Resources Personnel and unless there are less than 3
14 Illinois residents available for appointment from the
15 appropriate eligible list. The results of the examinations
16 conducted by other merit systems may not be used unless they
17 are comparable in difficulty and comprehensiveness to
18 examinations conducted by the Department of Human Resources
19 Personnel for similar positions. Special linguistic options
20 may also be established where deemed appropriate.
21 (Source: P.A. 83-1067.)
22 (15 ILCS 410/10b.6) (from Ch. 15, par. 431)
23 Sec. 10b.6. Period of probation. For a period of
24 probation not to exceed six months before appointment or
25 promotion is complete, and during which period a probationer
26 may, with the consent of the Director of Personnel, be
27 discharged or reduced in class or rank, or replaced on the
28 eligible list.
29 (Source: P.A. 80-1397.)
30 (15 ILCS 410/10b.9) (from Ch. 15, par. 434)
31 Sec. 10b.9. Temporary appointments. For temporary
32 appointments for a period not to exceed 6 months out of any
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1 12 month period to any position in the Office of the
2 Comptroller determined to be temporary or seasonal in nature
3 by the Director of personnel.
4 (Source: P.A. 80-1397.)
5 (15 ILCS 410/10b.12) (from Ch. 15, par. 437)
6 Sec. 10b.12. Reinstatements. For reinstatements with
7 the approval of the Director of Personnel of persons who held
8 certified status under this Code, the "Personnel Code", the
9 Secretary of State Merit Employment Code, or the University
10 Civil Service System of Illinois and who resign in good
11 standing or who are laid off.
12 (Source: P.A. 81-1465.)
13 (15 ILCS 410/10b.15) (from Ch. 15, par. 440)
14 Sec. 10b.15. Disciplinary actions. For the imposition as
15 a disciplinary measure of suspension from the Office of the
16 Comptroller without pay for not longer than 30 calendar days.
17 Notice of such disciplinary action shall be given in writing
18 immediately to the Director of Personnel, who may review any
19 such actions.
20 (Source: P.A. 80-1397.)
21 (15 ILCS 410/10b.16) (from Ch. 15, par. 441)
22 Sec. 10b.16. Discharge or demotion - hearings - statement
23 of reasons. For hearing before discharge or demotion with
24 the prior approval of the Director of Personnel only for
25 cause after appointment is completed, after the person to be
26 discharged or demoted has been presented in writing with the
27 reasons for requesting such discharge or demotion. The
28 statement of reasons shall be filed immediately with the
29 Director of Personnel.
30 (Source: P.A. 80-1397.)
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1 (15 ILCS 410/10b.17) (from Ch. 15, par. 442)
2 Sec. 10b.17. Trainee programs. For trainee programs and
3 for the appointment of persons to positions in trainee
4 programs, hereinafter called "trainee appointments". Trainee
5 appointments may be made with or without examination, but may
6 not be made to positions in any class that is not in a
7 trainee program approved by the Director of Personnel.
8 Persons who receive trainee appointments do not acquire any
9 rights under jurisdiction B of the Merit Employment Code by
10 virtue of their appointments.
11 (Source: P.A. 80-1397.)
12 (15 ILCS 410/10d) (from Ch. 15, par. 444)
13 Sec. 10d. Extension to exempt positions. For the
14 extension of all or any of the jurisdictions of the
15 Department of Human Resources Personnel to positions exempted
16 by this Act.
17 (Source: P.A. 80-1397.)
18 (15 ILCS 410/12) (from Ch. 15, par. 447)
19 Sec. 12. Employees of the Office of the Comptroller -
20 election to public office - leave of absence - re-entry of
21 service. Any person holding a position in the Office of the
22 Comptroller, who is elected to public office, shall, upon
23 request, be granted a leave of absence, without pay, from
24 such position. The leave of absence shall continue so long
25 as he remains an elected officer and for a period of 30
26 calendar days thereafter.
27 If such person files a written request with the Director
28 of Personnel to re-enter active service with the Office of
29 the Comptroller within such 30 day period he shall be
30 reinstated to his former position or a position of comparable
31 duties, responsibilities and pay.
32 (Source: P.A. 80-1397.)
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1 (15 ILCS 410/14) (from Ch. 15, par. 449)
2 Sec. 14. Records of the Department of Human Resources
3 Personnel. The records of the Department, including eligible
4 registers, except such records as the rules may properly
5 require to be held confidential for reasons of public policy,
6 shall be public records and shall be open to public
7 inspection, subject to reasonable regulations as to the time
8 and manner of inspection which may be prescribed by the
9 Director.
10 (Source: P.A. 80-1397.)
11 Section 10. The Comptroller's Records Act is amended by
12 changing Sections 1, 3, 4, and 5 as follows:
13 (15 ILCS 415/1) (from Ch. 15, par. 25)
14 Sec. 1. Comptroller may destroy records. After obtaining
15 the approval of the State Records Commission, the State
16 Comptroller may destroy any records made and kept by him.
17 When applying to the State Records Commission for approval to
18 destroy any records, the Comptroller shall accompany his
19 request with a list and a brief description of the records to
20 be destroyed. A copy of this list shall be sent to the
21 Secretary of State before any records are destroyed. The
22 Secretary of State shall examine this list to determine
23 whether any of the records which the Comptroller proposes to
24 destroy are of unusual historic value. If the Secretary of
25 State determines that any of the records are of unusual
26 historic value, he shall inform the Comptroller of his
27 determination, and the Comptroller shall deposit such record
28 in the State Archives rather than destroy them.
29 Warrants and vouchers shall be retained by Comptroller
30 for at least 3 5 years after the date thereof and may
31 thereafter be destroyed, but warrants must be reproduced as
32 required by Section 3 before being destroyed.
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1 (Source: P.A. 85-621.)
2 (15 ILCS 415/3) (from Ch. 15, par. 27)
3 Sec. 3. Records to be photographed or reproduced on film
4 or in any electronic media. The State Comptroller may have
5 any records kept by him photographed, microfilmed, or
6 otherwise reproduced on film or in any electronic media prior
7 to destruction; provided, that prior to the destruction of
8 any warrants, the Comptroller shall have those warrants
9 photographed, microfilmed or otherwise reproduced on film or
10 in any electronic media, in 2 copies.
11 Reproductions shall be placed in conveniently accessible
12 files and and provisions made for preserving, examining and
13 using them.
14 (Source: P.A. 79-139.)
15 (15 ILCS 415/4) (from Ch. 15, par. 28)
16 Sec. 4. Specifications. Such photographic film or
17 electronic media retention shall comply with the minimum
18 standards of quality approved for permanent record
19 photographic microcopying film by the State Records
20 Commission, and the device used to reproduce records on such
21 film shall be one which accurately reproduces the original
22 thereof in all details.
23 (Source: L. 1959, p. 125.)
24 (15 ILCS 415/5) (from Ch. 15, par. 29)
25 Sec. 5. Archival copies Film as original records. Such
26 photographs, microfilms and reproductions on film or
27 electronic media shall be deemed original warrants and
28 records, for all purposes, including introduction in evidence
29 in all courts or administrative agencies. A transcript,
30 exemplification or certified copy thereof shall for all
31 purposes recited herein be deemed to be a transcript,
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1 exemplification or certified copy of the original.
2 (Source: L. 1963, p. 1464.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 15 ILCS 410/3 from Ch. 15, par. 403
4 15 ILCS 410/4 from Ch. 15, par. 404
5 15 ILCS 410/6 from Ch. 15, par. 409
6 15 ILCS 410/6a from Ch. 15, par. 410
7 15 ILCS 410/8c from Ch. 15, par. 419
8 15 ILCS 410/9 from Ch. 15, par. 420
9 15 ILCS 410/9a from Ch. 15, par. 421
10 15 ILCS 410/10 from Ch. 15, par. 423
11 15 ILCS 410/10a from Ch. 15, par. 424
12 15 ILCS 410/10b.1 from Ch. 15, par. 426
13 15 ILCS 410/10b.6 from Ch. 15, par. 431
14 15 ILCS 410/10b.9 from Ch. 15, par. 434
15 15 ILCS 410/10b.12 from Ch. 15, par. 437
16 15 ILCS 410/10b.15 from Ch. 15, par. 440
17 15 ILCS 410/10b.16 from Ch. 15, par. 441
18 15 ILCS 410/10b.17 from Ch. 15, par. 442
19 15 ILCS 410/10d from Ch. 15, par. 444
20 15 ILCS 410/12 from Ch. 15, par. 447
21 15 ILCS 410/14 from Ch. 15, par. 449
22 15 ILCS 415/1 from Ch. 15, par. 25
23 15 ILCS 415/3 from Ch. 15, par. 27
24 15 ILCS 415/4 from Ch. 15, par. 28
25 15 ILCS 415/5 from Ch. 15, par. 29